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HomeMy WebLinkAboutOrdinances 2851 ORDINANCE INTO 2851 AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER I8 18 OF THE REDLANDS MUNICIPAL CODE TO PROHIBIT MARIJUANA DISPENSARIES, MARIJUANA MANUFACTURERS, MARIJUANA CULTIVATION, AND DELIVERY OF MARIJUANA IN THE CITY WHEREAS, in 1996, the voters of the State of California approved Proposition 215 (codified as Health & Safety Code Section 11362 5 et seq and entitled "The Compassionate Use Act of 1996"), and WHEREAS, the intent of Proposition 215 was to enable seriously ill Californians to legally possess, use, and cultivate marijuana for medical use under state Iaw, and WHEREAS, in 2003, the California Legislature adopted SB 420, the Medical Marijuana Prob atm ("MMP"), codified as Health and Safety Code Section 11362 7 et seq , which permits qualified patients and their primary caregivers to associate collectively of cooperatively to cultivate marijuana for medical purposes without being subject to criminal prosecution under the Penal Code, and WHEREAS, neither the Compassionate Use Act ("CUA") nor the MMP require nor impose an affirmative duty of mandate upon local governments to allow, authorize, or sanction the establishment of facilities that cultivate or process medical marijuana within its jurisdiction, and WHEREAS, in May 2013, the California Supreme Court issued its decision in City of Riverside v Inland Enipire Patients Health and 1,Velh7ess Centei, Inc (2013) 56 Cal 4th 729, holding that cities have the authority to regulate of ban outright medical marijuana land uses, and WHEREAS, under the Federal Contiolled Substances Act, codified in 21 U S C Section 801 et seq , the use, possession, and cultivation of marijuana are unlawfiil and subject to federal prosecution without regard to a claimed medical need, and WHEREAS, on October 9, 2015, Governoi Jerry Brown signed the "Medical Marijuana Regulation and Safety Act" ("Act") into law, and WHEREAS, the Act becomes effective January 1, 2016 and contains provisions which allow for local governments to regulate licenses and certain activities thereunder, and WHEREAS, the Act contains a provision which sets forth that the State shall become the sole authority for regulation under certain parts of the Act, unless local governments have "land use regulations of ordinances regulating or prohibiting the cultivation of marijuana " (Health and Safety Code §11362 777(c)(4)), and 1 I lcclerk\Ordmances\Nos 2800-2899 in Word12851 Medical Marihuana DJM Revised 9 5 17-clean doc WHEREAS, on June 27, 2017, the Governor signed SB 94 into law which took effect immediately and created a single regulatory program that addresses both medical marijuana use and recreational marijuana use that is known as the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA") to harmonize piovisions of the Act and the AVMA, and WHEREAS, MAUCRSA permits, among its other provisions, local jurisdictions to adopt building and fire safety iegulations to address local conditions and to iequne certain cannabis activities to comply with such regulations, and WHEREAS, MAUCRSA further requires local agencies to notify the State within a 60- day business pei nod as to whether an applicant with the State foi certain marijuana activities is either compliant of non-compliant with locally adopted ordinances, and WHEREAS, several California cities have reported negative impacts of marijuana cultivation, processing, and distribution uses, including offensive odors, illegal sales, and distribution of marijuana, tiespassmg, theft, violent robberies and robbery attempts, flue hazards, and problems associated with mold, fungus, and pests, and WHEREAS, marijuana plants, as they begin to flowei and for a period of two months of more, produce a strong odor, and detectable fai beyond property boundaries if giown outdoors, and WHEREAS, the strong smell of marijuana creates an attractive nuisance, alerting persons to the location of the valuable plants, and creating a rusk of burglary, robbery, or aimed robbery, and WHEREAS, the indoor cultivation of marijuana has potential adverse effects to the health and safety of the occupants, including structural damage to the building due to increased moisture and excessive mold growth which can occur and can pose a risk of fire and electiocution, additionally, the use of pesticides and fertilizers can lead to chemical contamination within the structure, and WHEREAS, the Attorney General's August 2008 Guidelines fou the Security and Non- Diversion of Marijuana Grown for Medical Use recognizes that the cultivation of other concentiation of marijuana in any location or premises without adequate security increases the risk that nearby homes or businesses may be negatively impacted by nuisance activity such as loitering or crime, and WHEREAS, based on the experiences of othei cities, these negative effects on the public health, safety, and welfare are likely to occur, and continue to occur, in the City due to the establishment and opeiation of marijuana cultivation, processing, and distribution uses, and WHEREAS, based on the findings above, the potential establishment of marijuana dispensaries, cultivation, manufacturers and the delivery of marijuana uses in the City without regulation poses a curient and immediate threat to the public health, safety and welfare in the City due to the negative land use and other impacts of such uses as described above, and 2 11cclerk\OrdinanceslNos 2800-2899 ni Word12851 Medical Marijuana DJM Revised 9 5 17-clean doe WHEREAS, the issuance of approval of business licenses, subdivisions, use permits, variances, building permits, or any othei applicable entitlement for marijuana dispensaries, cultivation, manufacturers and delivery of marijuana will result in the aforementioned threat to public health, safety, or welfare, THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS Section 1 The City Council hereby finds that all of the foregoing recitals and the staff iepoit presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein Section 2 Chapter I8 IS of the Redlands Municipal Code, entitled "Medical Marijuana," is hereby ietitled "Marijuana," and is amended to read in its entirety as follows "CHAPTER 18 18 Mai 1juana 18 18 010 Purpose 18 18 020 Definitions 18 18 030 Prohibited Activities 18 18 040 Public Nuisance Declared 18 18 050 Penalty for Violation 18 18 010 Purpose The purpose of this Chaptei is to enact and enforce a ban on all marijuana dispensaries and marijuana manufacturers, and the cultivation, and delivery of marijuana located within the City Iii-nits This Chapter is declarative of existing law Nothing in this Chaptei shall pieeinpt or snake inapplicable any provision of state of fedeial law 18 18 020 Definitions For purposes of this Chaptei, the following definitions shall apply A "Cultivation" means any activity involving the planting, growing, harvesting, drying, cur 11ng, gi ading, of trimming of mai ijuana B "Delivery" means the transfer of marijuana of marijuana products, including the use of any teclitology platforin to arrange foi or facilitate the transfer of marijuana, whether of not carried on for profit, and includes origination or termination within the City as well as a delivery business C "Indoors" means space within a building, greenhouse, or other structure which is fully enclosed, with a complete roof enclosuie supported by coiuiecting walls extending fionn the 3 I 1cclerk\OrdinanceslNos 2800-2899 in Word12851 Medical Marijuana D.1M Revised 9 5 17-clean doc ground to the roof, and is secuzed against unauthorized entry, and accessible only through one or more locking doozs, and is in all respects compliant with this Code D "Marihuana" means all parts of the plant Cannabis satzva Linnaeus, Cannabis indica, of Cannabis rudeialis, whether growing or not, the seeds thereof, the resin, whether crude or purified, extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin "Camiabis" also means the separated resin, whether crude of purified, obtained from marihuana "Cannabis" also means marihuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972 E "Marihuana dispensary" means a facility where cannabis, cannabis products, or devices fon the use of cannabis of cannabis products are offered, either individually or in any combination, foz wholesale or zetanl sale, including an estabinslnanent that delivers cannabis and cannabis products either wholesale ox as part of a retail sale F "Marihuana manufacturef" means a person that conducts the production, preparation, propagation, of compounding of manufactuied cannabis, or cannabis products either directly of indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages medical cannabis of cannabis products or labels or relabels its container G "Pi ivate residence" means a house, an apartment unit, a mobile home, or similar dwelling unit 18 18 030 Prohibited Activities A Comineicial marihuana activity is hereby prohibited in the City No person shall engage in any conunercial marihuana activity No permit, license or other authorization shall be issued foi any connnercial marijuana activity This prohibition does not apply to the carriage of marijuana on public roads in the City to the extent required by Sections 19338(b), 19340(f), 26080(b), and 26090(c) of the Cahfoinia Business and Professions Code Marijuana dispensaries, cultivation, cannabis manufacturers, and delivery of cannabis, as defined heiein, shall be considered prohibited uses in all zoning districts, including specific plans, of the City No use pennit, vai lance, budding permit, or any othez entitlement or peirmt, whether administrative or discretionary, shall be approved of issued for the estabinslunent or operation of a dispensaries, cannabis cultivation, cannabis manufacturers, and delivery of cannabis as defined herein in any zoning district of specific plan, and no person shall otherwise establish such businesses of operations in any zoning district or specific plan B To the extent not ah eady covered by subsection A of this section, delivery of marijuana is prohibited No person shall conduct delivery of participate in the delivery of marijuana 4 1 Icclerk\OrdinancesWos 2800-2899 in Word12851 Medical Marihuana DJM Revised 9 5 17-clean doc C Cultivation of marijuaina is prohibited, except indoors at a private residence as authorized by Section 11362 2(a) of the California Health and Safety Code Marijuana grown indoors shall be completely screened from view from public places and neighboring properties Nothing in this Chaptei is intended to, nor shall this Chapter be construed to, preclude any owner of real property from limiting of prohibiting marijuana cultivation by such owner's tenants D No person shall smoke or ingest marijuana in any public place 18 18 040 Public Nuisance Declaied Marijuana cultivation, marijuana delivery, and the operation of any marijuana business or marijuana dispensary in violation of the provisions of this Code including, without limitation, this Chapter, is hereby declared a public nuisance and may be abated or enjoined pursuant to all remedies available to the City 18 18 050 Penalty fol Violation Violations of this Chapter may be enforced by any applicable law, provided, however, that a person who is in full compliance with the Compassionate Use Act (California Health and Safety Code Section 11362 5) ("CUA") and the Medical Maiijuana Program Act (California Health and Safety Code Section 11362 7 et seq ) ("MMPA") shall not be subject to criminal penalties and nothing in this Chapter is intended, not shall it be construed, to conflict with of burden any defense to crnnulal prosecution under the CUA and the MMPA Notwithstanding the foiegoing and in addition to the specific prohibitions set forth in this Code, this Chaptei is intended to prohibit all activities for which a license from the State of California is required and for which an exemption is granted under the Medical Marijuana Regulation and Safety Act (Stats 2015, c 689 (AB 266), Stats 2015, c 688 (AB 243), Stats 2015, c 719 (SB 643)) ("MMRSA") Accordingly, the City shall not issue any permit, license, approval of other entitlement for any activity for which a license from the State of California is required of for which an exerriptioin is gi anted under the MMRSA Notwithstanding the foregoing, nothing in this Chapter is intended of shall be interpreted as lnnuting the City's rights under all applicable laws, rules and regulations, mcludnng, but not limited to, its police powers and applicable case law, to regulate the storage, cultivation, selling, dehvery or other distribution of dispensing of marijuana or marijuana-related products " Section 3 The City Council finds that this ordinance is not subject to the California Enviromnental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15060(c)(3) because this activity is not a project as defined by Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, and pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that it will not have a significant effect of physical change to the enviroiunent 5 I\cclerk\Ordnlances\NOs 2800-2899 in Word12851 Medical Marijuana DJM Revised 9 5 17-clean doc Section 4 If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional Section 5 The Mayor shall sign this ordinance and the City CIerk shall certify to the adoption of this ordinance and shall cause it, or a summary of 1t, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect as provided by law By Paul W Foster, Mayor ATTEST By Q&, J@� nne Donaldson, City Clerk 6 11cclerklOrdmanceslNos 2800-2899 in Word12851 Medical Marihuana DJM Revised 9 5 17-clean doc 1, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at the regular mectnng thereof, held on the 19th day of September 2017, by the following vote AYES CounciImembers Harrison, Gilbreath, Barich, Tejeda, Mayor Foster NOES None ABSENT None ABSTAIN None Jee Donaldson, City Clerk ta];7 I.1cclerklOrdinanceslNos 2800-2899 in Word12851 Medical Marihuana DJM Revised 9 5 17-clean doc